Petition for Modification
In the matter of
Sidney Coal Company, Inc.
Mine #1
I.D. No. 15-07082
Docket No. M-2000-002-C
30 CFR 75.1902(d)(1)
PROPOSED DECISION AND ORDER
On January 6, 2000, a petition was filed seeking a modification of the application of 30 CFR 75.1902(d)(1) to Petitioner's Mine #1 located in Pike County, Kentucky. The Petitioner alleges that the alternative method outlined in the petition will at all times guarantee no less than the same measure of protection afforded by the standard.
MSHA personnel conducted an investigation of the petition and filed a report of their findings and recommendations with the Administrator for Coal Mine Safety and Health. After a careful review of the entire record, including the petition, comments, and MSHA's investigative report and recommendation, this Proposed Decision and Order is issued.
Finding of Fact and Conclusion of Law
The alternative method proposed by the Petitioner (as amended by the recommendations of MSHA) will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 75.1902(d)(1).
On the basis of the petition and the findings of MSHA's investigation, Sidney Coal Company, Inc., is granted a modification of the application of 30 CFR 75.1902(d)(1) to its Mine #1.
ORDER
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, and pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., Sec. 811(c), it is ordered that Sidney Coal Company, Inc.'s Petition for Modification of the application of 30 CFR 75.1902(d)(1) in the Mine #1 is hereby:
GRANTED, for a permanent underground diesel fuel storage facility installed within 100 feet of a slope in the Mine #1, conditioned upon compliance with the following terms and conditions:
1. The diesel fuel storage tank shall be constructed with a dual wall construction that provides a primary and secondary tank and both primary and secondary tank wall thickness must be a minimum of 3/16-inch carbon steel.
· The diesel fuel storage tank shall be placed on supports constructed of noncombustibile material so that the tank is at least 12 inches above the floor of the containment area.
· The surfaces of the diesel fuel storage tank and its associated components shall be protected from corrosion.
· The diesel fuel storage tank and its associated components shall not leak.
5. The diesel fuel storage tank shall be limited to 250 gallons of diesel fuel or less and the diesel storage tank shall have a listing of approval by Underwriters Laboratories (UL).
6. The diesel fuel storage tank shall be provided with a minimum of two (2) four inch openings for emergency venting that open at a pressure not to exceed 2.5 psi.
7. The diesel fuel storage tank shall be installed in an area that is offset 35 feet or more from any track entry or transportation unit and shall be ventilated directly into the return air course.
8. The diesel fuel piping system from the surface shall be designed and operated as a dry system, unless an automatic shutdown is incorporated that prevents accidental loss or spillage of the fuel and that activates an alarm system.
9. The diesel fuel storage tank shall be installed in a noncombustible containment area that has a minimum containment volume of 1000 gallons.
10. The permanent underground diesel fuel storage facility shall be installed in an area that is constructed of noncombustible materials, including floors, roofs, roof supports, doors, and door frames. Exposed coal within fuel storage areas must be covered with noncombutible materials.
11. The diesel fuel storage facility shall be equipped with a fire suppression system that can be activated manually and automatically and is installed and maintained to meet the requirements of 30 CFR 75.1912.
12. The diesel fuel storage facility shall be located between two permanent ventilation controls that are provided with a metal access self-closing door in each permanent ventilation control.
13. A positive pressure differential shall be maintained between the intake-side permanent ventilation control and the return-side permanent ventilation control.
· The permanent ventilation controls shall be provided with an air split that is maintained from a small diameter opening in the intake-side control to a larger diameter opening in the return-side control to provide the air quantities necessary to prevent any air reversal or smoke rollback in the event of a fire.
· The small diameter opening in the intake-side control shall be located close to the floor and a larger diameter opening shall be located near the roof in the return-side control.
· The air velocity through the larger return-side opening shall be at least 1,000 cubic feet per minute.
17. A carbon monoxide (CO) sensor system shall be installed to monitor the fuel storage area. The CO sensor system shall be connected to an Atmospheric Monitoring System (AMS)that meets the requirements of 30 CFR 75.351. The AMS system shall activate a visual and audible alarm at the protected area, at affected working sections and on the surface. The system shall provide a visual alarm at 10 parts per million (ppm) and an audible alarm at 15 ppm. The surface alarm system shall be continually monitored by a person when personnel are underground. In the event of a fire, personnel shall be warned in accordance with the provisions set forth in 30 CFR 75.1101-23.
18. The permanent underground diesel storage facility shall be installed and maintained to meet all other requirements of 30 CFR Part 75.
19. The permanent underground diesel storage facility and its associated components shall be preshift examined in accordance with the requirements of 30 CFR 75.360.
20. Within 60 days after this Proposed Decision and Order becomes final, the Petitioner must submit proposed revisions for its approved 30 CFR Part 48 Training Plan to the Coal Mine Safety and Health District Manager. These proposed revisions must also include, but are not limited to, task training, hazard training, and annual refresher training. This training must include location and use of alternatives to the primary and secondary means of escape.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14, within 30 days. The request for hearing must be filed with the Administrator for Coal Mine Safety and Health, 4015 Wilson Boulevard, Arlington, Virginia 22203.
If a hearing is requested, the request shall contain a concise summary of position on the issues of fact or law desired to be raised by the party requesting the hearing, including specific objections to the proposed decision. A party other than Petitioner who has requested a hearing shall also comment upon all issues of fact or law presented in the petition, and any party to this action requesting a hearing may indicate a desired hearing site. If no request for a hearing is filed within 30 days after service thereof, the Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.
____________________________________________
Michael J. Lawless
Deputy Administrator
for Coal Mine Safety and Health